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SEC. 2. Such proceedings on the part of the State Dist.-Att'y to shall be conducted by the district-attorney of the conduct prodistrict where the land may lie; and he shall com-ceedings. mence such proceedings whenever ordered by the

Governor.

SEC. 3. In any proceedings in said chapter, the In all cases, plaintiff, as well as the owner of the land, may file the plaintiff may objections provided in section 1292, and when objec- to proceedfile objections tions are filed, the finding of the jury, upon the trial of ings. the issue there joined, shall be to all intents the same Rev., § 1292. as upon the trial of an appeal; and the amount fixed Finding of second jury; by such trial as damages shall be the sum to be paid fixes daminto court as provided in section 1293: Provided, ages. When no objections are filed, the amount fixed by the Rev., § 1293. first jury shall be the amount to be paid into court.

Proviso.

SEO. 4. Whenever any such sum shall be determined in either manner, upon the certificate of the clerk of such court, the Auditor is authorized, upon the order of the Governor indorsed thereon, to draw his Auditor to warrant on the Treasurer for the amount of such finding for any money in the treasury not otherwise appropriated. Approved April 8, 1868.

draw warrant-when.

CHAPTER 190.

DELINQUENT TAXES.

AN ACT for the More Effectual Collection of certain Delinquent APRIL 8. Taxes.

to treasurer

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That in all cases of delinquent In cases of detaxes in any of the counties of this State, where the linqu'nt taxes person upon whose property the same were levied and removal of party to shall have removed into another county of the State, another co., leaving no property within the county where the taxes treasurer to were levied, out of which the same can be made, it send abstract shall be lawful for and be the duty of the treasurer of of such co.; the county where said taxes are delinquent, to make out a certified abstract of said taxes as they appear upon the tax-book, and forward the same to the treasurer of the county in which the person resides, or has property, who is owing said taxes; whenever the when. treasurer transmitting said abstract has reason to believe that said taxes can be collected thereby.

SEC. 2. The treasurer forwarding, and the one Record in receiving said abstract, shall each keep a record each county. thereof; and upon the receipt and filing of said abstract, in the office of the treasurer to whom the same is sent, it shall have the full force and effect of a levy for taxes in that county, and the collection of the same shall be proceeded with in the same manner provided by law for the collection of other taxes.

Collection.

Additional

SEC. 3. The officer collecting taxes under the provisions of this act shall, in addition to the penalties penalty of 20 provided by law on delinquent taxes, assess and collect the further penalty of twenty per cent. on the whole amount of such taxes, inclusive of the penalties thereon.

per cent.

are uncollectable.

SEC. 4. The officer receiving said abstract is When taxes authorized, and it is made his duty, whenever in his opinion the taxes are uncollectable, to return the abstract with the indorsement thereon of "uncollectable;" and in case said taxes are collected, the officer receiving the same shall transmit the amount to the treasurer of the county where said taxes were levied, ed, less pen- less the penalty provided by this act.

Remitted

when collect

alty.

SEC. 5. This act, being deemed of immediate imTaking effect. portance, shall be in force from and after its publication in the Iowa State Register and Iowa Statesman, papers published in Des Moines, Iowa.

Approved April 8, 1868.

1 hereby certify that the foregoing act was published in The Iowa Evening Statesman April 28, 1868, and in the Daily State Register April 29, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 191.

THE LAW OF MARRIAGE.

APRIL 8. AN ACT to Amend Chapter 102 of the Revision of 1860, entitled "Marriage." Rev., ch. 102.

SECTION 1. Be it enacted by the General Assembly § 2529, Rev., of the State of Iowa, That Section 2529 of the Revision repealed. of 1860 be and the same is hereby repealed, and the Marriage licenses, &c., following enacted in its stead, to-wit: The provisions not required of chapter 102 of the Revision of 1860, so far as they of members relate to the procuring of a license and the solemnizing of certain of marriages, are not applicable to members of any nominations. particular denomination having as such any peculiar

religious de

mode of entering the marriage relation, and having conscientious scruples against obtaining said license.

SEC. 2. This act, being deemed of immediate importance, shall take effect and be in force from and after Taking effect. its publication in the State Register and National Platform, weekly newspapers published at the city of Des Moines.

Approved April 8, 1868.

I hereby certify that the foregoing act was published in the Weekly Iowa State Register April 29, 1868, and in The National Platform May 1, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 192.

SOLDIERS' MONUMENT IN VAN BUREN COUNTY.

AN ACT to Authorize the Board of Supervisors of Van Buren County to appropriate a Sum of Money for the Erection of a Monument in Memory of Citizens of that County, who lost their Lives in the Military Service of their Country.

APRIL 8.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the board of supervisors of Bd. of superVan Buren county be and the same are hereby author- visors may ized in their discretion to appropriate and appropriate the sum pay $500 towards of five hundred dollars toward the erection of [a] mon- soldiers' monument to the memory of the soldiers, citizens of that ument. county, who died in the service of their country. Approved April 8, 1868.

CHAPTER 193.

ALLOWING ALIENS TO CONTROL PROPERTY.

AN ACT Abolishing Distinctions between Foreigners and Citizens APRIL 8. as to the Acquisition, Enjoyment, and Transfer of Property. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all aliens, whether they Aliens may reside in the United States or in any foreign country, acquire, hold, and dispose may in this State acquire, hold, and enjoy property, ' of property. personal or real, or any interest therein, by purchase, gift, devise, or descent, and may convey, mortgage, or devise the same in a like manner, and with the same effect, as if such aliens were native - born citizens of the United States. And all property, real or personal,

Descent.

situated in this State, and belonging to a foreigner, shall if not disposed of by will, after the death of the owner, descend to the heirs of such foreigner, whether the same reside in the United States or in any foreign Alien heirs. country. Such heirs shall be the same as the heirs at-law of native-born citizens.

abolished.

SEC. 2. Distinctions All the distinctions heretofore made by between citi- laws between citizens and resident and non-resident zens & aliens foreigners, in reference to the acquisition, possession, enjoyment, and transfer of property, real and personal, by conveyance, gift, devise, descent, or otherwise, are hereby abolished. A non-resident alien shall be entitled to dower in lands situated in this State, the same as resident citizens, except as against a purchaser from the decedent or against a purchaser under execution against the decedent, but as against such purchaser an alien not residing in the State of Iowa shall not be entitled to dower.

Dower.

tioned on ac

rations not to

Previous con- SEC. 3. The title to any land heretofore conveyed veyances not by purchase or gift, or transferred by devise or descent, to be ques- shall not be questioned, nor in any manner e[a]ffected count of by reason of the alienage of any person from or alienage. through whom such title may have been derived. Retoractive. SEC. 4. This law shall be retroactive: Provided, Rights of per- however, That thereby no vested rights of private persons or corpo- sons, or any municipal or other corporation, either be violated. public or for pecuniary profit, shall be violated, neither shall the title of any person or persons to whom this Relinquish General Assembly has made any relinquishment of ments by State not af- an escheat be hereby impaired or e[a]ffected. The State relinquishes generally her claims to such esGeneral relin- cheated property as is transferred to foreigners by purquishment, chase, gift, devise, or descent, or otherwise; except in cases where legal proceedings have been had as required by law, whereby said escheated property has become part of the permanent school-land of the State of Iowa.

fected.

except where escheat is

now school

land.

Laws abolished.

Taking effect.

SEO. 5. All laws conflicting with these provisions are hereby abolished.

SEC. 6. This act shall take effect and be in force from and after its publication in the State Register and Iowa Homestead, newspapers published in the city of Des Moines, Iowa.

Approved April 8, 1868.

I hereby certify that the foregoing act was published in the Daily State Register May 1, 1868, and in the The Iowa Homestead May 6, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 194.

WAR CLAIMS OF COUNTIES, CITIES, &C.

AN ACT Repealing Section seven, of Chapter 129, of the Laws of APRIL 8. the 9th General Assembly, and to Provide for the Recovery and Payment of certain Claims for Military Supplies furnished to Troops raised in this State, for the service of the United States, by any County, City, Town, or other Corporation.

SECTION 1. Be it enacted by the General Assembly §7, ch. 29, 9th G. A., repealof the State of Iowa, That section 7, of chapter 129, of ed. the laws of the 9th General Assembly, be and the same Claims of is hereby repealed, and in lieu thereof it is hereby counties, citenacted, that the class of claims therein alluded to, ies, &c., for supplies to shall be transferred to the commissioner for settlement troops, referof claims of this State, with the United States, as pro- red to comvided for by chapter 95 of the laws of the 11th General missioner of Assembly.

war claims. SEC. 2. It shall be the duty of the commissioner Duty of comaforesaid, upon any such claims coming to his hands, missioner. to use his best endeavors to have the same allowed by the general government, and carried to the credit of this State, and when so allowed and carried to the credit of the State, he shall proceed immediately to certify that fact to the Auditor of State, together with the amount so allowed and credited; whereupon the Auditor shall issue his warrant upon the State Treasu- Aud. to draw rer for the amount or amounts so certified, less 5 warrant. per cent. on account of collection of same, payable upon served for 5 per cent representation to the order of the county, city, town, or collection, to corporation to which the same belongs. Said five per be paid comcent. shall be paid the said commissioner in full for his services under this act.

missioner.

SEC. 3. This act to take effect from and after its Taking effect. publication in the Daily State Register, published at Des Moines, and the Clinton Semi- Weekly Herald, published at Clinton city, Iowa.

Approved April 8, 1868.

I hereby certify that the foregoing act was published in the Clinton Semi-Weekly Herald April 16, 1868, and in the Daily State Register April 26, 1868.

ED WRIGHT, Secretary of State.

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